Adverse possession, also known as favorable possession, is a legal concept that allows a person to claim ownership of a property or land by occupying and using it openly, continuously, and without the permission of the legal owner for a specified period of time. The idea behind adverse possession is that if the rightful owner does not take action to protect their property rights within a certain time frame, the person in possession can acquire legal ownership. The specific requirements for adverse possession vary by jurisdiction, but generally, the following elements must be met: Actual Possession: The person must physically occupy and possess the property, demonstrating control and use over it. Mere presence or occasional use may not be sufficient. Open and Notorious: The possession must be visible and obvious, such that a reasonable owner would become aware of it if they exercised reasonable diligence. Exclusive: The possession must be exclusive, meaning that the person asserting adverse possession cannot share possession with others, including the legal owner. Continuous and Uninterrupted: The possession must be continuous and uninterrupted for the statutory period set by the law in the specific jurisdiction. Hostile or Adverse: The possession must be without the permission or consent of the legal owner. It does not necessarily imply ill intent; rather, it means the possession is against the rights of the owner. Statutory Period: Each jurisdiction has a specified period of time that the adverse possessor must occupy the property continuously before they can claim ownership. This period varies and can range from a few years to several decades. It is important to note that adverse possession laws and requirements differ across jurisdictions, so it is essential to consult local laws and seek legal advice from professionals familiar with the specific laws of your jurisdiction if you have any specific questions or concerns about adverse possession.

Dear Client, When someone who is not the original owner of a piece of property gains legal ownership of it by continuously openly and uninterruptedly possessing it for a predetermined amount of time as required by law this is known as adverse possession or sometimes more colloquially favorable possession. Adverse Possession: What is It? Adverse possession is when someone occupies land without the rightful owner's consent but treats it as their own for a set amount of time—12 years in India according to the Limitation Act 1963—openly, exclusively and continuously. The occupier may assert legal ownership if the original owner does not file a lawsuit to regain possession within that time. Essential Elements: • Physical Possession: The property must be under the possessor's physical control. • Hostile Possession: When someone is in possession without their owners permission. • Open and Notorious: The possession cannot be concealed it must be plainly visible. • Exclusive: Only the claimant may possess the item the real owner cannot share possession. • Completely uninterrupted for 12 years. Position on Indian Law: According to Article 65 of the Limitation Act of 1963 an individual may obtain ownership rights over immovable property if they have been in adverse possession of it for more than 12 years and the rightful owner has not taken legal action to reclaim it. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.